DraftKings Participant Files Proposed Class Action Over Sign-Stealing

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A fantasy baseball participant filed a putative class action against the MLB and one of its affiliates, the Houston Astros, and the Boston Red Sox over the recent electronic sign-stealing scandal that is rocking the sport.

In his complaint, the DraftKings contestant claims he made wagers on fantasy baseball contests thinking they were based upon the honest performance of players, but were actually the result of cheating by teams and players. See Olson v. MLB, et al., 20-cv-632 (S.D.N.Y.). The federal suit claims the well-reported Astros and Red Sox sign-stealing scandals—where electronic equipment was used to steal pitcher-catcher signs from opposing teams, which were then relayed to batters—produced player statistics that were distorted, resulting in tainted fantasy baseball contests from 2017 into the 2019 season. The fantasy participant alleges that he (and an alleged class of millions of similarly-situated fantasy participants) never would have wagered on daily contests if they had known the players’ statistics were dishonest.

Through his various consumer protection, tort, and unjust enrichment claims, the DraftKings contestant seeks to recover all of the amounts wagered in fantasy baseball competitions, the fees paid to DraftKings, punitive damages, and attorneys’ fees and costs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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